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Case Law Details

Case Name : Sri Sachin Sharma Vs ACIT (ITAT Ranchi)
Appeal Number : ITA No. 260/Ran/2017
Date of Judgement/Order : 30/11/2018
Related Assessment Year : 2011-12
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Sri Sachin Sharma Vs ACIT (ITAT Ranchi)

A perusal of provisions of section 194C of the Act shows that a person is liable to deduct TDS when a contract for work is of an amount more than Rs.30,000/- or where payment for work is made to a person more than Rs.75,000/- during the financial year. The Assessing Officer has brought no material on record to show that either of the above condition was satisfied in the instant case. Therefore, it is not open to the Assessing Officer in a proceedings u/s.154 of the Act to hold that the assesse was obliged to deduct ITDS on job work and consequently, the disallowance made u/s. 40(a)(ia) of the Act it outside the jurisdiction of section 154 of the Act.

FULL TEXT OF THE ITAT JUDGMENT

This is an appeal filed by the assessee against the order of the CIT(A), Ranchi, dated 14.8.2017 for the assessment year 2011- 12.

2. The assesse has raised the following grounds of appeal:

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